10 Most Influential Italian Lawyers and Scholars

Published in

Heritage Digest

12 min readApr 7, 2024

Italy, rich in history and culture, has been home to some of the most influential lawyers. These legal minds have shaped Italian law and significantly impacted global jurisprudence. From ancient times to the modern era, their contributions continue to resonate. Here are ten of the most notable Italian lawyers:

Bartolus de Saxoferrato (1313–1357)
Baldus de Ubaldis (1327–1400)
Cesare Beccaria (1738–1794)
Francesco Carrara (1805–1888)
Piero Calamandrei (1889–1956)
Enrico De Nicola (1877–1959)
Giovanni Falcone (1939–1992)
Paolo Borsellino (1940–1992)
Felice Casson (1953–Present)
Gherardo Colombo (1946–Present)

1. Bartolus de Saxoferrato (1313–1357)

Bartolus de Saxoferrato was born in 1313 in the village of Venatura, near Sassoferrato, in the Italian region of Marche. His father, Franciscus Severi, and mother, a member of the Alfani family, provided him with a background that facilitated his later achievements. Bartolus’ academic journey began with reading civil law at the University of Perugia under Cinus, followed by studies at the University of Bologna under Oldradus and Belviso. He graduated as a doctor of law in 1334, marking the beginning of a distinguished legal career.

Bartolus’ professional life was predominantly in academia. In 1339, he commenced teaching in Pisa, then moved to Perugia, raising the stature of Perugia’s law school to rival that of Bologna. His teaching prowess earned him recognition, and the city of Bologna granted him honorary citizenship in 1348. Among his notable students were Baldus de Ubaldis and his brothers Angelus and Petrus. Bartolus’ career peaked with his appointment as consiliarius to Emperor Charles IV in 1355. However, his life was cut short when he died in Perugia at 43 in 1357.

Despite his relatively short lifespan, Bartolus’ contributions to legal scholarship were immense. He authored commentaries on the entire Corpus Juris Civilis. He produced numerous treatises on specific legal subjects, including his renowned work on river law (De fluminibus seu Tyberiadis) and almost 400 legal opinions (consilia). His intellectual legacy in conflict of laws, constitutional law, and the law of Arms has been foundational, influencing generations of jurists and legal systems. Bartolus is also credited as an early theorist of international law, proposing norms for the reciprocal independence of Italian city-states under the Holy Roman Empire. His works were held in such high esteem that statutes in Spain and Portugal later mandated adherence to his opinions in legal cases.

2. Baldus de Ubaldis (1327–1400)

Baldus de Ubaldis was born 1327 in Perugia, Italy, into the noble Ubaldi (Baldeschi) family. His childhood was marked by an early exposure to the study of law, reflecting the intellectual atmosphere of his family. His father and mother, members of the nobility, likely played a significant role in fostering an environment conducive to his scholarly pursuits. Baldus showed exceptional academic aptitude from a young age, especially in legal studies.

His education was under the tutelage of the eminent jurist Bartolus de Saxoferrato at the University of Perugia. Baldus excelled in his studies, earning a doctorate in civil law at the remarkably young age of seventeen. This early achievement set the stage for his illustrious academic and legal career. He also studied canon law under Federicus Petrucius of Siena, further broadening his legal expertise.

Baldus de Ubaldis’ career was distinguished by his significant contributions to medieval Roman law. After completing his education, he began teaching, holding professorships at leading Italian universities, including Bologna, Pisa, Florence, Padua, and Pavia. His tenure at these institutions was marked by profound influence on the development of legal thought, and he taught many notable students, including Pope Gregory XI and Cardinals Francesco Zabarella and Paulus Castrensis. Baldus authored extensive commentaries on the Pandects, Codex Justinianus, the Libri Feudorum, and the canon law compilations of decretals. His work on legal opinions, known as consilia, was prodigious, numbering around 3,000. He died in Pavia on April 28, 1400, leaving behind a rich legacy in legal scholarship.

3. Cesare Beccaria (1738–1794)

Cesare Beccaria was born in Milan on March 15, 1738, when it was part of the Austrian Habsburg Empire. His father, Marchese Gian Beccaria Bonesana, was a moderate-standing aristocrat. Beccaria’s early education was at the Jesuit college in Parma, and he later attended the University of Pavia, where he graduated in law in 1758. Initially inclined towards mathematics, Beccaria’s focus shifted to economics after studying the works of Montesquieu.

In his mid-twenties, Beccaria joined “L’Accademia dei pugni” (the Academy of Fists), a literary society formed with Pietro, Alessandro Verri, and other Milan aristocrats. This group’s discussions on criminal justice reforms significantly influenced Beccaria. His exposure to French and British political philosophers like Diderot, Helvétius, Montesquieu, and Hume through this society shaped his intellectual development.

Beccaria’s major contribution to legal and criminal justice was his treatise “On Crimes and Punishments” (1764), encouraged by Pietro Verri. This seminal work, which condemned torture and the death penalty, was groundbreaking in the field of penology and criminology. Beccaria advocated for criminal law to adhere to rational principles, emphasizing that punishment should be proportional to the crime and serve the greatest public good. This treatise significantly influenced the thinking of the Age of Enlightenment and is regarded as the foundation of modern criminal law and criminal justice. His principles of legal fairness, prevention over retribution, and utility in punishment have had lasting impacts on legal systems worldwide. Cesare Beccaria died on November 28, 1794, in Milan.

4. Francesco Carrara (1805–1888)

Francesco Carrara was born on September 18, 1805, in Italy. He pursued his higher education at the University of Lucca, where he earned his doctorate. After completing his studies, Carrara practiced law in Florence and Lucca, quickly becoming involved in criminal law reform debates. This early involvement laid the foundation for his future contributions to legal scholarship and liberal politics.

Carrara’s appointment as the chair of criminal law at the University of Lucca in 1848 and later at the University of Pisa in 1859 marked significant milestones in his career. During his tenure, he wrote the influential ten-volume “Programma dal corso di diritto criminale,” synthesizing Italian criminal law since Beccaria and impacting legal thought beyond Italy. His academic work was renowned for its depth and comprehensiveness, establishing him as a leading European criminal law scholar.

Carrara initially supported Mazzini politically but gravitated towards more moderate liberal groups in the 1840s. He played a key role in the accession of Lucca to Tuscany, viewing it as a step towards Italian unification. As a politician, Carrara was elected to the Italian Parliament multiple times and significantly influenced the drafting of Italy’s Criminal Code, the “Zanardelli Code.” He was named a senator in 1879. Francesco Carrara passed away on January 15, 1888, in Lucca, leaving behind a legacy as a prominent jurist and an advocate for the abolition of the death penalty.

5. Piero Calamandrei (1889–1956)

Piero Calamandrei, born on April 21, 1889, in Florence, Italy, grew into a prominent figure in his country's legal and political landscape. His early life was marked by academic excellence, leading him to pursue higher education in law. He studied in Pisa and Rome, cultivating a deep understanding of civil procedure, which later defined his professional career.

Calamandrei’s career was multifaceted: he was a jurist, soldier, university professor, and politician. In 1915, he started his academic career as a professor at the University of Messina. His service as a volunteer and captain in World War I interrupted his teaching, showcasing his dedication to Italy. After the war, he resumed teaching, eventually moving to the universities of Modena, Siena, and Florence. His most notable academic contributions were “La cassazione civile” (1920) and “Studi sul processo civile” (1930), both influential works in civil law. He also co-founded several legal journals, further strengthening his status as an authority in civil law.

Politically, Calamandrei was a staunch anti-fascist, evidenced by his involvement with Benedetto Croce’s 1925 Manifesto of the Anti-Fascist Intellectuals and the journal “Non mollare!”. After the fall of fascism, he was appointed rector of the University of Florence. He later became a member of Italy’s Constituent Assembly and the Chamber of Deputies, representing liberal socialist and social liberal ideals. His poem “Lapide ad ignominia,” written in response to Albert Kesselring’s release, exemplifies his commitment to justice and anti-fascism. Calamandrei passed away in Florence on September 27, 1956, leaving a lasting legacy in legal scholarship and political activism.

6. Enrico De Nicola (1877–1959)

Enrico De Nicola, born on November 9, 1877, in Naples, Italy, was a prominent figure in the legal and political realms. His upbringing in Naples, a vibrant cultural and intellectual center, likely influenced his pursuit of a legal career. He graduated from the University of Naples in 1896, embarking on a successful path as a penal lawyer.

De Nicola’s political career began as a Liberal deputy in 1909. He held various governmental positions, including Under-Secretary of State for the Colonies and the Treasury. His political journey was briefly halted by the rise of fascism, leading him to return to his legal practice. However, he re-emerged as a key figure after the fall of fascism. His role as a mediator was crucial in the transition period following Benito Mussolini’s downfall, demonstrating his ability to navigate complex political landscapes.

De Nicola’s most significant contribution was as the provisional head of state of republican Italy from 1946 to 1948 and then as the first President of Italy, starting January 1, 1948. His leadership during this critical period in Italian history was marked by a dedication to democratic principles and a commitment to establishing a stable and progressive republic. He declined to be a candidate for the first constitutional election in May 1949, displaying his characteristic modesty and dedication to public service rather than personal ambition. His death on October 1, 1959, in Torre del Greco, marked the end of a distinguished career dedicated to law and public service.

7. Giovanni Falcone (1939–1992)

Giovanni Falcone, born May 18, 1939, in Palermo, Sicily, grew up in a neighborhood deeply affected by the Mafia’s presence. Despite this, he chose a path starkly different from that environment. His father, Arturo Falcone, was the director of a provincial chemical laboratory, and his mother, Luisa Bentivegna, instilled in him the values of hard work and patriotism. This upbringing led Falcone to pursue a career in law, demonstrating an early resistance to the pervasive criminal influence around him.

Falcone’s education was robust and grounded in the principles of justice and law. He studied at the University of Palermo, where he was briefly reunited with his childhood friend and future colleague, Paolo Borsellino. Graduating in 1961, Falcone began practicing law and was soon appointed a judge in 1964. His focus on penal law and his assignment to the prosecutor’s office in Palermo set the stage for his lifelong battle against the Sicilian Mafia.

His relentless fight against organized crime marked Falcone’s career, specifically the Sicilian Mafia. His involvement in the groundbreaking Maxi Trial of 1986–1987 was a significant achievement, leading to the conviction of hundreds of Mafia members. His innovative investigative techniques, including following financial trails and collaborating with international law enforcement, were pivotal in undermining the Mafia’s power. Tragically, Falcone’s dedication to justice led to his assassination by the Mafia on May 23, 1992, in the Capaci bombing. His death, along with Borsellino’s, became a symbol of the fight against organized crime in Italy and beyond.

8. Paolo Borsellino (1940–1992)

Paolo Borsellino, born on January 19, 1940, in Palermo, Sicily, was raised in a middle-class family in the Kalsa neighborhood. His father was a pharmacist, and his mother managed their pharmacy, fostering an environment emphasizing integrity and community service. Despite growing up in an area influenced by the Mafia, Borsellino and his childhood friend Giovanni Falcone, who later became a magistrate, were determined to fight organized crime. This early exposure to the Mafia’s impact shaped Borsellino’s future commitment to justice.

Borsellino pursued his education in law at the University of Palermo, graduating with honors in 1962. His academic journey was marked by a strong sense of justice and a dedication to combating criminal organizations. After his father’s passing, Borsellino passed the judiciary exam in 1963, starting his career in various Sicilian cities before returning to Palermo. His education laid the foundation for his significant contributions to the legal field, particularly in the fight against the Mafia.

Borsellino’s major achievements in his legal career were deeply intertwined with his relentless fight against the Sicilian Mafia. He was instrumental in arresting key Mafia figures and was a crucial member of Palermo’s Antimafia Pool alongside Falcone. Borsellino’s work led to the landmark Maxi Trial, which resulted in the conviction of numerous Mafia members. Tragically, his dedication to justice led to his assassination by the Mafia on July 19, 1992, in a car bombing in Palermo. His death, occurring just months after Falcone’s, marked a significant moment in the fight against organized crime and solidified his legacy as a symbol of courage and legal integrity.

9. Felice Casson (1953–Present)

Felice Casson was born on August 5, 1953, in Chioggia, in the Province of Venice, Italy. His upbringing details, including his parents’ occupations, are not widely documented, suggesting a relatively private childhood. Casson’s early life in Chioggia, a coastal town known for its picturesque landscapes and historical significance, likely shaped his perspectives and values. This environment may have influenced his later career choices and commitment to public service.

Casson pursued his higher education at the University of Padua, where he obtained a law degree. His academic journey at one of Italy’s oldest and most prestigious universities equipped him with a solid foundation in legal studies. In 1980, he entered the magistracy as an investigating magistrate, beginning a career marked by significant contributions to legal and political spheres in Italy. His work as a magistrate and public prosecutor in Venice from 1993 to 2005 highlights his dedication to justice and law enforcement.

Casson’s major achievements are rooted in his investigative work and political involvement. He is notably recognized for uncovering Operation Gladio, a NATO “stay-behind” anti-communist army during the Cold War while investigating the Peteano bombing in 1972. This discovery had profound implications, exposing 622 Gladio members, including high-profile political figures. Elected to the Italian Senate, Casson has been influential in various committees, focusing on issues like terrorism, corruption, environmental security, and public health. His legislative efforts against corruption, organized crime, and environmental crime underscore his commitment to public welfare. As a respected educator in environmental law, Casson continues to influence future generations.

10. Gherardo Colombo (1946–Present)

Gherardo Colombo, born on June 23, 1946, in Seregno, Italy, embarked on his legal career after graduating in law from the Università Cattolica del Sacro Cuore in 1969. His family background and details about his parents are not extensively documented. Colombo’s early legal interests and academic pursuits were likely influenced by the socio-political climate of Italy during his formative years. His decision to focus on law reflects a commitment to justice and societal welfare, which would define his career.

Colombo entered the judiciary in 1974 and quickly made a name for himself with his work as a judge in Milan’s VII criminal section. His role as an investigating judge from 1978 to 1989 was marked by significant contributions, particularly in the investigation into the Ambrosoli murder and the false Sindona kidnapping. His meticulous investigative approach led to the historic discovery of the P2 Masonic Lodge’s member list in 1981, uncovering the lodge’s clandestine operations and influential members.

Colombo’s career is distinguished by his involvement in high-profile cases and reforms. He was part of the commission examining materials related to trials against organized crime, contributing to the reform of the Code of Criminal Procedure. As a public prosecutor in the Clean Hands operation, he was fundamental in combating political corruption. Post-retirement, Colombo’s focus shifted towards educating about legality in schools, for which he was honored with awards. His presidency at Garzanti Libri and involvement in various legal and ethical committees highlight his ongoing commitment to legal integrity and public service.